Leading employment law firm demonstrates deep understanding of Fair Work Commission requirements and exceptional circumstances doctrine.
Sydney, NSW – 8th July, 2025 – Fair Workplace Solutions, a specialist employment law firm renowned for its fair, honest and direct approach to workplace legal matters, has demonstrated its comprehensive expertise in complex unfair dismissal proceedings through analysis of the recent Fair Work Commission decision in Hatami v Australian Techno Management College Pty Ltd. In this case, Fair Workplace Solutions acted on behalf of the Employer.
The case, decided by Commissioner Walkaden on 20 May 2025, highlights the critical importance of understanding Fair Work Act time limitations and the stringent requirements for exceptional circumstances when seeking extensions of time for unfair dismissal applications.
In the Hatami decision, the Fair Work Commission dismissed an application for extension of time where the applicant filed his unfair dismissal claim 24 days after dismissal, missing the mandatory 21-day deadline by just three days. The case demonstrates the exacting standards applied by the Commission when evaluating exceptional circumstances under section 394(3) of the Fair Work Act.
“This case perfectly illustrates why employees and employers alike need specialist employment law guidance from the outset,” said a spokesperson for Fair Workplace Solutions. “The applicant’s circumstances – including lack of knowledge of time limits, emotional distress, medical conditions, and financial hardship – were deemed insufficient to constitute exceptional circumstances, despite seeming compelling on the surface.”
The Commission applied the established Nulty v Blue Star Group precedent, which requires circumstances to be “out of the ordinary course, or unusual, or special, or uncommon” rather than “regularly, routinely, or normally encountered”. Significantly, the decision emphasised that mere ignorance of statutory time limits is not exceptional, as this would be “all too common for dismissed employees”.
Fair Workplace Solutions’ deep understanding of such precedential frameworks positions the firm to provide critical early intervention advice that can prevent procedural pitfalls from undermining otherwise meritorious claims.
Fair Workplace Solutions provides comprehensive employment law services for both employers and employees, with a particular focus on Unfair Dismissal Claims.
The firm’s unique position representing both employers and employees provides invaluable insight into successful claim strategies and common pitfalls. “We know what we are looking for to maximise prospects of success,” the firm notes, emphasising their comprehensive understanding of Fair Work Commission processes.
Unlike traditional law firms, Fair Workplace Solutions operates with a “practical, business-minded and easy to understand advice” without “fluffy language or complex legal phrases”.
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